CPT Private RallyPoint Member 63225 <div class="images-v2-count-0"></div>SM was cleaning there personally owned weapon at home. during disassembly, SM accidentally and unknowingly loaded weapon and discharged into leg. Does this meet the requirements to be charged with and prosecuted for under article 134 of UCMJ for negligent discharge? 2014-02-23T23:42:29-05:00 CPT Private RallyPoint Member 63225

<div class="images-v2-count-0"></div>SM was cleaning there personally owned weapon at home. during disassembly, SM accidentally and unknowingly loaded weapon and discharged into leg. Does this meet the requirements to be charged with and prosecuted for under article 134 of UCMJ for negligent discharge?

2014-02-23T23:42:29-05:00 2014-02-23T23:42:29-05:00 SGT Private RallyPoint Member 63227

<div class="images-v2-count-0"></div>Commanders discretion sir. Honestly, there is no excuse for a negligent discharge. Once the soldier recuperates, examine what their state of mind is and whether or not they learned their lesson. If a piece of hot lead comes flying at you at hundreds of feet per second and wounds the individual, I am fairly certain that is NOT something they will knowingly and willingly repeat. In my book, I would give them a stern talking to about weapons and weapon safety, and leave it at that. The shot that they fired themselves should do the trick with them, and hopefully they will move out and drive on.<br /><br />I am not one to beat a dead horse. Slapping the SM with a 134 with definitely be adding insult to injury, and once word gets out with his/her peers, its going to be a bitch for that individual.<br /><br />Just my .02 Sir.

2014-02-23T23:46:28-05:00 2014-02-23T23:46:28-05:00 SSG Private RallyPoint Member 63229

<div class="images-v2-count-0"></div>i would assume no, but I would also have to read the article directly so as to not be misguided by barracks lawyers. I know there have been accidental/negligent discharges where I am stationed, but I do not know of any repercussions afterwards. I would also have to say that if there is something like that going on, there is probably an issue between the SM and the COC, on a personal level.

2014-02-23T23:49:07-05:00 2014-02-23T23:49:07-05:00 MSG Private RallyPoint Member 63995

<div class="images-v2-count-0"></div>Remember the old destruction of government property threats of UCMJ when a Soldier got a sunburn?&lt;br&gt;&lt;br&gt;Maybe that&#39;s where we are going with this.....&lt;br&gt;

2014-02-25T00:53:55-05:00 2014-02-25T00:53:55-05:00 LTC John Czarnecki 64034

<div class="images-v2-count-0"></div>&lt;p&gt;Look... the guy popped himself with a weapon. Now the military has to do a Line of Duty investigation, as the medical attention he probably needed will demand it. Same thing would happen if he wrecked a motorcycle with no licence or no helmet... was the act causing the injury &quot;in the line of duty&quot; or not?&lt;/p&gt;&lt;p&gt;&amp;nbsp;&lt;/p&gt;&lt;p&gt;Going after him using an ART 134 has got to be the lamest excuse for a pussified military I&#39;ve ever heard.&amp;nbsp; &lt;/p&gt;&lt;p&gt;&amp;nbsp;&lt;/p&gt;&lt;p&gt;I&#39;m sick of this crap about ART 15&#39;s for someone accidentaly shooting a clearing barrel.&amp;nbsp; Hell, that&#39;s why it&#39;s there... to prevent someone from getting hurt.&amp;nbsp; It&#39;s a mechanical / human interaction that can and sometimes will go wrong.&amp;nbsp; Automatically calling it negligence is simply some lazy bureaucratic not-worth-this-stripes/eagles fat-ass taking the easy way out.&amp;nbsp; Instead of TRAINING, let&#39;s just go for the ART-15, or now in this case an ART 134.&amp;nbsp; Really?&amp;nbsp; These guys disgust me.&lt;/p&gt;

2014-02-25T04:25:12-05:00 2014-02-25T04:25:12-05:00 2014-02-23T23:42:29-05:00